Acknowledgement, Waiver and Release – Competitors
WARNING: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ THE DOCUMENT CAREFULLY. ALL COMPETITORS MUST SIGN THIS FORM AT REGISTRATION.
COMPETITOR PARTICIPATION AGREEMENT
100% PURE Racing Limited
AWS LEGAL- QUEENSTOWN
1. 100% PURE Racing Limited (“Event Organiser”)
(“Competitors to Sign”)
1. The Event Organiser has organised an event known as “GODZone” (“the Event”).
2. The Competitor has entered the Event.
This Agreement Records
In consideration of being permitted to enter the Event the Competitor, for him/herself, his/her personal representatives, heirs and next of kin hereby:
1. Acknowledges and agrees that:
a) participating in the Event is a dangerous activity.
b) the Event may involve; mountain biking, kayaking, trekking, running, navigation, rafting, snorkeling, abseiling, use of a tyrolean traverse and/or a flying fox, rock climbing, ascending, swimming, rock scrambling, coastal travel, sailing, driving, crossing and/or travelling on roads, roller skating, caving, snow traversing, traversing isolated and remote tracks, and other unspecified activities.
c) the Competitor is aware of and understands the type of activities he/she will potentially be involved in during the Event and recognises that the Event may include the following hazards:
– remoteness from assistance and/or medical aid
– the extremely strenuous format of the Event
– participating at night,
– becoming lost,
– vehicle traffic,
– actions of other competitors ,spectators and the public
– weather conditions,
– heat exhaustion,
– the condition or suitability of the Competitor’s, or another Competitor’s, equipment,
– natural and man made objects encountered during the event
– other unspecified hazards.
d) the Competitor is aware of the potential hazards involved in the Event and acknowledges that there is a risk of injury to him/her and others (including permanent injury, mental injury, paralysis and death) and damage to property including, without limitation, any property in the Competitor’s control or possession.
e) the Competitor warrants that he/she has sufficient competence, knowledge, common sense, experience, survival skills and equipment to participate in the Event in a manner which will be safe to him/herself and others.
2. The Competitor certifies that he/she is physically fit, has sufficiently trained for participation in the Event, has not been advised by anyone including a qualified medical person that he/she cannot participate in the Event and knows of no reason why he/she should not participate in the Event.
3. The Competitor confirms that he/she has been given the opportunity by the Event Organiser to attend a pre-Event briefing session.
4. The Competitor waives, releases and discharges from any and all liability for; death, disability, personal injury, property damage, property theft and all other foreseeable risks, claims or actions of any kind (including negligence and breach of contract) whatever and however occurring (and including legal fees incurred as a result of any claim, whether it is valid or not) which may arise, at any time, from or in connection with, directly or indirectly, the Competitor’s participation in and travel to the Event, the following persons or entities;
the Event Organiser, Event sponsors, Event producers, community organisations, all National and Local Government authorities in which the Event may be staged, the owners, licensees or occupiers of any property upon which the Competitor may enter during the Event and; the respective officers, directors, employees, independent contractors, sponsors, representatives, agents, members and volunteers of the above including medical and paramedical personal appointed for the Event.
5. The Competitor indemnifies and holds harmless the persons or entities mentioned in clause 4 from any and all liabilities, claims or actions (including negligence) whatever or however caused arising as a result of or in connection with, directly or indirectly, the Competitor’s participation in and travel to and from the Event, including any person assisting the Competitor or his/her team.
6. The Competitor acknowledges that he/she is responsible for his/her personal property and equipment during the Event.
7. The Competitor accepts the communications, search, rescue and medical aid arrangements put in place by the Event Organiser. The Competitor understands and agrees that in the first instance he/she is responsible for the provision of first aid to him/herself. The Competitor is responsible for his/her, and his/her team’s, timely removal from the course to a medical facility. The Competitor gives consent to receiving any first aid and medical treatment which may be deemed advisable in the event of an accident, injury and/or illness as a result of the Competitor’s involvement in the Event.
8. The Competitor certifies that the medical information supplied by him/her on the entry form for the Event is true and correct and consents to, and authorises, that information being provided to any medical practitioner, ambulance officer or any person involved or associated with any medical treatment or assistance that may be required by the Competitor as a result of his/her participation in the Event, regardless of whether the treatment is actually given.
9. The Competitor grants permission to the Event Organiser, agents, employees, contractors and sponsors to:
a) Photograph, film or otherwise record the Competitor’s voice, image and likeness in connection with the Event (each, an “Appearance”); and
b) Commercially exploit all Appearances, including (without limitation) to use any appearance in advertising, publicity, promotional and merchandising activities;
10. The Competitor agrees that the Event Organiser is the exclusive owner of, and retains all copyright and any other intellectual property rights that are recognized or protected under law in, each Appearance and all adaptation, modifications and new versions of each Appearance, whether existing now or in the future.
11. The Competitor agrees that the Event Organiser may assign any or all of its rights under this Agreement to any person or entity at any time without notice.
12. The Competitor acknowledges that he/she is responsible for arranging his/her own insurance cover (including the costs of repatriation if the Competitor is an international competitor after the Event).
13. The Competitor acknowledges that the Event Organiser reserves the right to alter the advertised course if conditions warrant or if the Event Organiser deems any alteration of the Event course is necessary for any other reason.
14. The Competitor agrees that the Event Organiser may cancel or postpone the Event due to weather conditions, natural disaster, “acts of God”, terrorism, war or any other reason so determined by the Event Organiser and that the Competitor’s entry fee will be not be refunded should cancellation or postponement occur pursuant to this clause.
15. The Competitor confirms he/she has read the Event rules (available on the Event website www.godzoneadventure.com). The Competitor agrees to abide by the Event rules and all directions of Event officials and understands that his/her entry may be voided if through his/her actions or behavior, in the opinion of the Event Organiser, he/she breaks any of the Event rules or brings the Event into disrepute. The Competitor further understands that the Event Organiser reserves the right to reject any entry at its absolute discretion.
16. The Competitor acknowledges and agrees that:
a) the Competitor will hire a kayak from the Event Organiser for use during the Event as instructed by the Event Organiser;
b) the cost of hiring the kayak for the Event will form part of the Competitor’s entry fee for the Event;
c) the Event Organisers will provide the kayak to the Competitor at the appropriate time during the Event and instruct the Competitor where the kayak is to be returned to and at what time;
d) the Event Organiser may at its absolute discretion charge an additional fee for any kayak not returned to the Event Organiser at the end of the Event together with interest calculated at the rate of 12% per annum on all amounts owing to the Event Organiser which remain outstanding after the due date for payment;
e) the Competitor agrees to pay the Event Organiser all costs and expenses incurred by the Event Organiser in recovering money or in connection with the exercise or attempted exercise of any of the Event Organiser’s rights or remedies under this Agreement,.
f) the Competitor has the necessary skills to operate a kayak safely on rivers and lakes.
g) the kayak will remain the property of the Event Organiser at all times.
h) from the time the Competitor takes possession of the kayak to the time it is returned to the Event Organiser the Competitor will be responsible for any loss or damage to the kayak whatsoever including the cost of repairs suffered or incurred by the Event Organiser which are caused by the negligent act, omission, misdirection or misuse of the kayak by the Competitor or by persons under the Competitor’s control.
i) the Competitor will immediately notify the Event Organiser if the kayak is lost or damaged during the Event and shall follow all reasonable instructions of the Event Organiser.
j) the Competitor shall take proper and reasonable care of the kayak and return it in good order and condition
k) the Competitor will satisfy him/herself that the kayak is suitable for the intended use
l) the Competitor will use the Kayak in a lawful manner and with due regard to all laws and regulations pertaining to the use of the kayak, including abiding with Maritime New Zealand’s safe boating guide.
m) the Competitor shall use the kayak in the manner it was designed to be used, and follow any directions from the Event Organisers, local authorities, codes of practice or from the manufacturer of the kayak relating to the use and safety of the kayak.
n) the Competitor agrees not to bring or threaten to bring a claim against the Event Organiser for loss or damage incurred by the Competitor or arising directly or indirectly from the use or possession of the kayak during the Event.
o) the Competitor agrees not to sell, assign or transfer the kayak, or otherwise part with possession of, mortgage charge or encumber the kayak in any way during the Event.
p) the Event Organiser will have the right to demand the return of the kayak and may take any action necessary to retake possession of the kayak if it believes the kayak is at risk for any reason whatsoever including, but not limited to:
– the manner of its use by the Competitor; or
– adverse weather or event conditions; or
– that the Competitor is unable to, or might be unable to pay any amounts payable to the Owner; or
– the Competitor otherwise fails to comply with the instructions of the Event Organiser
17. The Competitor acknowledges that he/she is providing personal information to the Event Organiser and consents to the release of the personal information to third parties in connection with the uses contemplated by this Agreement. Agreement 5
18. The Competitor acknowledges and agrees that he/she has chosen of his/her own free will to enter the Event and has relied on no oral representations, statements or inducements by the Event Organiser when entering the Event.
19. The Competitor certifies that he/she will be eighteen (18) years of age or older before the Event starts or that he/she has full permission from his/her parent/guardian who has read and understood the Agreement and will co-sign below.
20. The covenants of the Competitor in clauses 4 and 5 of this Agreement are given for the benefit of and are enforceable in terms of the Contracts (Privity) Act 1982 of New Zealand by those parties listed in clause 4. This agreement may be varied by the parties to it without the approval of the parties listed in clause 4.
21. Any term of this agreement which binds more than one party binds the relevant parties jointly and severally.